Publishing photos in UK

Question

Does anyone know the legal aspects for the following situation? At a sports competition someone took photos of me. They have since posted them on Facebook and on a commercial website, where anyone can buy them.

My objection is that I don't want photos of me published without my prior consent. Needless to say, I never gave them my consent. I don't object to them selling the pictures (except that by selling they also publish and distribute).

Is it reasonable (by UK or European law) for me to ask them to take the photos down?

• Given that the competition was open to the public (as spectators) does this change my right on images of me?
• I am not a public figure ;-)
• The competition took place indoors on private property.

If you can please provide links/references to the relevant laws/court decisions.

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This is a question about a legal topic. I realise that all answers will not be legal advice.

Asked by Unapiedra

Answer

It seems that the case is reasonably clear. Following Wikimedia's take on things [2], I could expect to be photographed during the competition and therefore the venue could be classified as public.

For the publication of that photo the rules are slightly harder but according to [1] publication seems to be allowed. I am not clear on the commercial use of that photograph. I haven't found a source for that but it might be legal in the UK. If you have an answer to the commercial use than please post your own answer.

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Academically interesting is the following:

Photographs of people may also be subject to the Data Protection Act, which controls the "processing" of "personal data", that is, data relating to an individual and from which the individual can be identified. There has not yet been a court case that has determined whether or not an image of a person, [...] , would be caught by the Act [...].[1]

This is related directly to my objection as I see myself being at the competition and my liking of that sport as personal data. Anyway, I will leave it at that and accept that their acting is legal.

[1] http://www.sirimo.co.uk/2009/05/14/uk-photographers-rights-v2/ --> Download the PDF. [2] http://commons.wikimedia.org/wiki/Commons:Photographs_of_identifiable_people

TL;DR Taking and publishing of pictures on a public competition is allowed.

Answered by Unapiedra

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